Ken Vercammen's NJ Laws email newsletter May 27, 2003 #127 In this issue: 1. Ordinance Preempted By State Law 2. No motel room search incident to arrest if defendant restrained. 3. Municipal Court Practice Section meeting- June 16 4. New Book and Audiotapes: NUTS & BOLTS OF ELDER LAW ________ 1. Ordinance Preempted By State Law. State v. Paserchia 356 NJ Super. 461 (App. Div. 2003). The Courts holds that a municipal ordinance barring disorderly conduct is preempted by N.J.S.A. 2C:33-2 (disorderly conduct). 2. No motel room search incident to arrest if defendant restrained. State v. Rose 357 NJ Super. 100 (App. Div. 2003). A warrant exception for a search incident to a valid arrest is inapplicable to factual context where a defendant is restrained and unable to obtain a weapon or destroy evidence. _____________________________ 3. Municipal Court Practice Section meeting- June 16 The New Jersey State Bar Association Municipal Court Practice Section will be having a meeting at 4 pm- 6pm, Monday, June 16. It will be held at the NJ Law Center, New Brunswick. There will be a speaker-watch your email for more details. Please join us at this meeting. New Chair Kenneth Vercammen will also outline some proposed events for the year. We will have a 10 minute speaker at every meeting. In addition, some new "Trustees" will be selected at the June 16 meeting For more information or to register, contact the Meetings Department at 732-249-5000, or www.njsba.com. ___________________________ 4. New Book and Audiotapes: NUTS & BOLTS OF ELDER LAW SPEAKERS/ Authors: Martin A. Spigner, Esq. Kenneth A. Vercammen, Esq.: Authors: "Answers to Questions About Probate" Thomas Begley, Jr. Kathleen Browning, Esq. John Jorgensen, Esq. Date: Thursday, April 9, 2003 5-9 P.M. New Jersey Law Center (New Brunswick, NJ - Off Route 1 & Ryders Lane) Recommended for Attorneys, Accountants, Life Insurance Agents, Financial Planners and Elder Law Professionals For audiotape and book cost, Call ICLE 732-214-8500 DETAILS YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING... € Why Have a Will? Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms € Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms € Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms € Basic Tax Considerations Jointly-held property; ³I love you² Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters € Estate Administration Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists € Medicaid Planning Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules € Fair Hearing € Long Term Care Insurance/Asset Protection Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care € Guardianship SEMINAR FEES Contact New Jersey Institute for Continuing Legal Education ® One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com http://www.njicle.com ________________________ God Bless our Military and their Families. United we stand, Divided we fall Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2003. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. REMOVALS TO BE DONE BY WEBMASTER LONEKEEP.COM To remove, just email back & type in subject or body remove. Removals are performed by the webmaster once per month.